California’s statutory protections for workers are, if not the strongest, some of the strongest in all the states. detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers.” (29 U.S. Code §202(a)). The FLSA also defines the kinds of workers (executive, administrative, professional, outside sales and certain IT workers) who are exempt from overtime and break rules owing to the nature of their work. The FLSA does not cover issues regarding sick leave, PTO, or meal and rest breaks. The law is administered by the Wage and Hour Division of the US Deparment of Labor, which offers administrative interpretations and opinions and may investigate compliance issues and supervise payment of compensation to claimants. Section 216 authorises civil penalties (including a potential for liquidated damages), equitable relief and attorneys fees. What further legislation governing the payment of wages and hours exists in California? How far do such laws vary from state to state? There is quite a bit of variance. Somewhat incredibly, the federal minimum wage has remained at $7.25 since 2009. Employers in the US must comply with state as well as federal laws, so in those states that have promulgated more robust wage/ hour laws, employees are entitled to the state’s higher minimum wages and greater protections. Five states have not adopted a state minimum wage, and two – Georgia and Wyoming – have adopted a minimum wage lower than the federal minimum. On the other hand, California’s minimum wage went to $15.50 in 2023 and, after 2023, the minimum will increase based in part on annual review of the rates of change in the US Consumer Price Index for Urban Wage Earners and Clerical Workers. By comparison, the District of Columbia’s rate is $16.10, Washington is $15.74, New Mexico’s and Hawaii’s are $12.00, and Arizona is $13.85. California’s statutory protections for workers are, if not the strongest, some of the strongest in all the states. Interestingly, California’s economy is the largest in the States, the largest sub-national economy in the world, and is expected to pass Germany as the world’s fourth largest economy. In your experience as a longtime employment lawyer, what kinds of wage and hour disputes most often arise? The main areas of dispute tend to fall under: (1) compensable time claims, where employees allege failure to pay for all time worked (pay below the minimum, unpaid overtime, missed meal and rest breaks, unpaid wait or travel times); and (2) the mischaracterisation of workers as exempt executives, administrators or professionals, or as independent contractors. Because the legislative purpose behind these laws is to deter and prevent the unfair and anti-competitive harm that accrues when the normal costs of doing business are shifted to workers, pay violations often lead to heavy statutory penalties and, under most laws, plaintiffs’ lawyers may recover statutory attorney fees. What legal recourse is available to an employee who believes they have not received fair compensation for their work? What first steps should they take to address this? Private sector former or current employees may assert FLSA claims individually, or on behalf of similarly situated individuals in a collective lawsuit. Employees who are covered under more robust state law claims may also file individual lawsuits, and in some states, may assert individual and collective claims in Private Attorney General (‘PAGA’) actions. In these types of lawsuits, small claims can add up to significant back pay awards. Alternatively, employees may file state 58 LAWYER MONTHLY JUNE 2023
RkJQdWJsaXNoZXIy Mjk3Mzkz